Marrying a US citizen won’t mean you will qualify for a US citizenship immediately. However, you might be entitled to a US green card and that will eventually grant you US citizenship.
However, you should make sure that certain requirements are fulfilled before you apply for a green card and eventually US citizenship after you marry a US citizen.
Process of Green Card Application
Whether you are married to a same-sex or opposite-sex US citizen, you will be called an immediate relation according to the US immigration law. Good News is no limits are imposed on the number of green cards that can be issued annually under the category and hence, your name won’t be put up on the waiting list before you apply.
It’s the responsibility of your US citizen spouse to initiate the immigration process for you. First thing first and your spouse should submit a visa petition on Corm I-130 to USCIS (United States Citizenship and Immigration Services). It’s mandatory to submit all the necessary documents including your marriage certificate (which is a proof of your marriage legally accepted in the country where you got married) and also the proof that your marriage to the person is bona fide and not a “Proxy” one to obtain a green card.
So far, it looks fair and simple. True and it never drops a hint about the level of complexities involved in the later phase. That is why, it’s highly recommended to seek help from the well-known immigration law firm Goldstein immigration lawyers in Los Angeles, CA.
Some Special Circumstances
If you are residing in the US as an immigrant after you obtain a visa or on a visa waiver program and you didn’t come to the country just to get married (it’s considered as a visa fraud), then you are entitled to status adjustment. Adjustment of Status refers to the procedure of applying for a green card while living in the US. You need to prepare and submit all your paperwork and attend offices of USCIS for interview. The procedure does not keep you waiting for approval of the I-130 before you submit your AOS application. It can be mailed in as a single package.
Anyone living overseas must wait till his or her I-130 gets approved and further communication starts from the National Visa Centre or NVC and the US consulate in your locality. You will get a call from the consulate for an interview where your immigration visa will be approved. You need to use the visa to get an entry into the US and obtain the status of a permanent resident or a conditional resident in case, your marriage took place less than two years ago when you came to the US.
If you are residing in the US after entering into the country illegally, talk to an immigration lawyer immediately. You have no rights to adjust your status unless you belong to the rare group of only a few who fall under the age-old laws. However, if you leave the country to get your green card application processed through a US consulate, you might be considered inadmissible owing to your past illegal stay.
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